Appellate Division of the Supreme Court of New York, 1923

People v. Cohen

Appellate Division of the Supreme Court of New York · Decided November 30, 1923 · Martin

207 A.D. 355; 202 N.Y.S. 163; 1923 N.Y. App. Div. LEXIS 5961

Counsel

Joab II. Banton, District Attorney [Robert D. Petty, Deputy Assistant District Attorney, of counsel; Felix C. Benvenga, Deputy Assistant District Attorney, with him on the brief], for the appellant., Louis Marshall, for the respondent.

Opinion of the Court

Martin, J.:

For the reasons stated in People v. Weller (207 App. Div. 337), decided herewith, we reject the reasoning advanced in the Court of General Sessions so far as it is intended to show that there was no power to adopt the ordinance in question. We agree, however, that error was committed in the exclusion of evidence as set forth in the opinion in this case, reported in People v. Cohen (109 Misc. Rep. 622).

We, therefore, affirm the judgment of that court. We deem it unnecessary to consider the other points discussed in said opinion.

Smith and McAvoy, JJ., concur; Clarke, P. J., and Finch, J., concur in result.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.